Petersen v Argentine Republic [2025] NSWSC 1071
After Argentina’s nationalisation of energy assets in 2012, a New York judge awarded US$16b in damages to P as a dispossessed party. When P sought to enforce judgment, Argentina said relevant process had not been validly served on it, something it said could only happen under convention procedures5.
Argentina argued that, as these procedures were ‘always speaking’, they excluded service by diplomatic channels6. Bell CJ said it would be ‘perverse’ if this was correct. The 2 avenues are genuine alternatives to which no hierarchy applies7. iTip – ‘always speaking’ is about expansion of statutes to cover new situations, not about their internal restriction.
This principle is from Episode 126 of interpretation NOW!
Footnotes:
5 s 24 & s 23 Foreign States Immunities Act 1985 (Cth) resp.
6 Herzfeld & Prince [2.30, 2.80] cited, cf HBSY [2024] HCA 35 [53], Episode 95.
7 [84], Firebird [2015] HCA 43 [138] Gageler J. Either method is available.